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A09401 Summary:

BILL NOA09401
 
SAME ASNo Same As
 
SPONSORHooks
 
COSPNSR
 
MLTSPNSR
 
Add §211-b, Lab L
 
Requires employers and third-party websites, job boards, and recruitment platforms to remove inactive job postings within a certain timeframe; authorizes the commissioner of labor to promulgate rules and regulations regarding such posting requirements and violations thereof.
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A09401 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9401
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    December 19, 2025
                                       ___________
 
        Introduced  by M. of A. HOOKS -- read once and referred to the Committee
          on Labor
 
        AN ACT to amend the labor law, in relation to  requiring  employers  and
          third-party  websites,  job boards and recruitment platforms to remove
          inactive job postings within a certain timeframe

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The labor law is amended by adding a new section 211-b to
     2  read as follows:
     3    § 211-b. Removal of inactive job postings. 1.  For  purposes  of  this
     4  section, a job posting shall be deemed inactive when:
     5    (a) the employer has filled the position;
     6    (b) the employer no longer intends to hire for the position;
     7    (c)  the  position  has been eliminated or frozen, or funding for such
     8  position has been withdrawn; or
     9    (d) the posting was published in error.
    10    2. An employer who publicly advertises a job posting shall remove such
    11  posting within fourteen days after the posting no longer  represents  an
    12  active, bona fide vacancy.
    13    3.  Where  an  employer  utilizes a third-party website, job board, or
    14  recruitment platform to advertise a  job  posting,  the  employer  shall
    15  notify  such  third-party  within seven days after a job posting becomes
    16  inactive and such third-party shall remove the posting within seven days
    17  of receiving such notice.
    18    4. Nothing in this section shall be construed to prohibit an  employer
    19  from maintaining postings:
    20    (a) for positions with multiple vacancies;
    21    (b) for positions with rolling or continuous recruitment, provided the
    22  employer clearly discloses such status in the posting; or
    23    (c) required by law or collective bargaining agreements.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14118-01-5

        A. 9401                             2
 
     1    5.  The commissioner shall have the authority to enforce this section.
     2  Upon a finding that a  violation  of  this  section  has  occurred,  the
     3  commissioner may issue:
     4    (a) an order directing removal of the inactive posting;
     5    (b) a cease-and-desist order; and
     6    (c)  an  administrative fine of not less than one thousand dollars for
     7  each violation.
     8    6. The commissioner is authorized and directed to promulgate any rules
     9  and regulations necessary to implement the provisions of this section.
    10    § 2. This act shall take effect immediately.
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